Implementation of Judicial Control Over Compliance With the Rules of Jurisdiction

The article is devoted to the formation of an up-to-date scientific opinion on the peculiarities of the implementation of judicial control over compliance by pre-trial investigation bodies with their powers in accordance with the subjectivity of criminal proceedings. The article analyzes the peculiarities of judicial control by investigating judges at the stage of pre-trial investigation. Approaches to the classification of the judicial control function have been revealed. The article notes that the key direction of judicial control is the current Code of Criminal Procedure of Ukraine, which determines the control over compliance with the protection of human rights, and the reaction to the manifestation of violations of such rights. It was determined that there is a gap in the clear mechanism of judicial control over the powers of pre-trial investigation bodies in the aspect of compliance with criminal proceedings. In particular, the existing legal basis of judicial control does not allow investigating judges to effectively monitor the compliance of pre-trial investigation bodies with respect to liability. The lack of specific criteria for the reaction of investigating judges to violations that manifest themselves in the process of implementation by pre-trial investigation bodies of their procedural rights becomes the reason for establishing procedural violations that directly affect the course of court proceedings. It is emphasized separately that the presence of a clear mechanism of judicial control over compliance by pre-trial investigation bodies with the rules of jurisdiction will allow to avoid investigation by unauthorized bodies. At the same time, the number of violations allowed by investigators will significantly decrease, and accordingly, the level of recognition of evidence as inadmissible at the stage of the trial, as obtained by an unauthorized entity, will decrease. It is proposed to initiate changes to the current legislation regarding the expansion and detailing of the powers of investigative judges in terms of judicial control over compliance by pre-trial investigation bodies with the rules of accountability.